Pastoral Agreements: Content Ideas - National Native Title Tribunal

National Native Title Tribunal - Pastoral Agreements
Part 1. Key Themes
• right to enter the pastoral lease for the purpose of exercising native title or
access rights subject to notice being given to pastoralist;
• pastoralist not to unreasonably object to access; and
• native title party may exercise native title or access rights but will not engage
in other activities without prior approval of pastoralist.
Access
Do you need to consider access arrangements for non-native title and/or native title
parties
• notice – consequences if an objection to the notice is raised eg good faith
negotiations may trigger dispute resolution process;
• the name of a contact person to liaise with the pastoralist and to be responsible
for ensuring the protocol's guidelines are adhered to; and
• the contact person/pastoralist to be informed of the area, general purpose of
the visit, length of stay, camping areas, number of visitors, names of key
contact people for the group, names of any licensed firearms holders who
intend to hunt, approximate number of vehicles.
Native title party
This part may specify the things to which the native title party agrees, eg:
• not to interfere with station facilities;
• keep dogs or other animal under strict control;
• not to interfere with stock;
• light fires only for cooking, light and heat;
• not to camp within a specified distance from man-made watering points or the
homestead;
• times within which native title party may call at the homestead;
• use of roads;
• litter and rubbish to be removed;
• gates to be left as they are found;
• high calibre or high power firearms not to be used on the area covered by the
protocol;
• not to camp or travel over excluded areas;
• not to give permission to people other than native title party members or
immediate kin to enter area covered by the protocol;
• not to erect any permanent structures;
• not to commercially exploit any flora and fauna;
• not to do or omit to do anything that would be contrary to the law; and
• not to do anything that may cause the pastoralist to be considered in breach of
any provision of the pastoral lease or any other law.
May also specify that while on the area covered by the protocol the native title party
agrees to comply with all reasonable direction of the pastoralist for efficient operation
of the pastoral lease including in relation to:
• camping;
• use of station roads;
• lighting and extinguishment of fires;
• control of dogs;
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